The
People for the Ethical Treatment of Animals (PETA) and three mammal experts
filed a lawsuit last October 26 against SeaWorld Parks and Entertainment for
keeping five whales and forcing the animals to perform in shows.

The case
is said to be the first to argue for animals’ constitutional protection
against slavery. The suit asked the court to order the release of
the whales as well as appoint a legal guardian who
would bring them to a suitable environment.

According
to PETA, SeaWorld took these marine animals out of their natural habitats to
perform in SeaWorld San Diego and Orlando shows. Moreover, they were subjected
to artificial breeding to produce more of their kind for SeaWorld’s profit.
Forcing animals to work against their will can be considered involuntary
service and slavery, which are prohibited under the 13th Amendment of the US
Constitution.

SeaWorld
countered by saying that the court case is baseless, because protection under
the constitution applies only to humans. In addition, SeaWorld argued for the
right of the public to enjoy and learn about marine mammals.

According
to SeaWorld, it is legally permitted to display marine mammals. Its parks
have accreditation from the Association of Zoos and Aquariums
and the Alliance of Marine Mammal Parks and Aquariums.

For
years, US courts have considered laws related to animal ownership and cruelty
applicable only to human actions. This means animals themselves could neither
sue nor become defendants or plaintiffs.